Truck Accident Regulations

The regulations governing the trucking industry are extensive and very specific. At the Law Offices of Jeffrey D. Slakter, we’ve spent years studying the intricate nuances of these Federal and State laws and we know how to apply them to help our clients. Below we’ve summarized a number of the more common regulations that may come into play in trucking accident cases.

For an in-depth look at Federal regulations, visit WWW.FCMSA.DOT.GOV

For state-specific regulation information, Click Here

The Commercial Motor Vehicle Safety Act of 1986
Promoted safety by ensuring that drivers of large trucks are qualified. Aimed at removing unsafe or unqualified truck drivers. Established national standards for commercial motor vehicle operators. The commercial drivers license program placed requirements on drivers, trucking companies, and individual states.

Commercial Motor Carrier Safety Assistance Program
This group of regulations was developed to ensure the FMCSA works with individual states and other political entities to develop and implement safety standards.

All large trucks are subject to length, width and height restrictions that they must adhere to.

Below is a synopsis of the primary Federal Commercial Carrier Regulations:

Controlled Substances and Alcohol Use

Prohibited Conduct
A truck driver will no longer be allowed to operate a commercial motor vehicle if he engages in prohibited actions, including reporting for duty with a blood alcohol content of 0.02 or more, possessing alcohol or illegal drugs, consuming alcohol or drugs that could affect ability to operate, or refusing to submit to mandated alcohol or drug tests.

Driver Testing
Commercial truck drivers must be tested for drugs or alcohol before employment, are subject to random drug tests and urinalysis, and may be disciplined for refusing to take required tests.

Driver Test Records
A truck driver is required to provide a new company he works for with a written authorization For all employers within the previous two years to release all drug and alcohol testing records.

Commercial Driver’s License Standards

License Requirement
Truck drivers must have a commercial drivers license (CDL) to operate commercial carriers. The truck driver is only allowed one license, issued in the state of residence.

Notification of Conviction for Driver Violations
If a truck driver is convicted of any motor vehicle violation besides a parking violation, he must inform his employer and state of residence within 30 days of conviction.

Notification of Previous Employment
During application of a job requiring a CDL, the truck driver must produce his employment history for the past 10 years.

Licensing Procedures
In order to receive a CDL, a truck driver must pass a knowledge and driving skills test and certify he has no suspensions, disqualifications, or out-of-state licenses.

Required Knowledge and Skills
Truck drivers must have working knowledge of safety precautions and procedures and must demonstrate proper driving technique and inspection skills. Truck drivers must be familiar with regulations pertaining to safety and accident prevention.

Driver Qualifications

Disqualification of Drivers
A truck driver can be disqualified from driving a commercial truck if he drives with a BAC of 0.04 or higher, drives under the influence of drugs, commits a felony involving a commercial truck, leaves the scene of a commercial truck accident, transports or possesses illegal substances, refuses drug or alcohol testing, or fails to notify his employer of a suspended, revoked, or withdraws license.

Driving Record Review
Employers are required to review employers’ driving records annually and to consider violations including reckless driving, operating under the influence of drugs or alcohol, and disregard for public safety.

Record of Violations
Every 12 months, a truck driver must fill out a form listing any violations of which he has been convicted.

Road Test
All truck drivers must pass a road test while driving the same type of motor vehicle they will be driving while employed.

Physical Qualifications
A commercial truck driver must have a physical exam every 24 months and carry a card documenting the exam history.

Driving of Commercial Trucks

Fatigued Truck Driver
If a truck driver is ill or fatigued to a degree that it may cause him to be a danger to others on the road, he must not drive.

Drugs and Other Substances
A truck driver may take prescribed medication if it doesn’t have side effects that might result in unsafe driving. Truck drivers are not permitted to take any drugs that may prevent safe operation.

Alcohol Prohibition
Truck drivers are prohibited from drinking, possessing, or being under the influence of alcohol while on duty, and within 4 hours prior to duty.

Equipment Inspection
Truck drivers are responsible for ensuring that all brakes, steering mechanism, lights, reflectors, tires, horn, windshield wipers, mirrors, coupling devices and emergency equipment are in good working order before operating a vehicle.

Safe Loading
Prior to a trip, and every 3 hours or 150 miles, cargo must be inspected to make sure it is properly distributed and secured.

Railroad Crossing
When approaching railroad crossings, all commercial motor vehicles must slow down enough so that if they had to they could stop before reaching the first rail. Vehicles carrying hazardous materials or with tank trailers must come to a full stop before the tracks, and may not shift while crossing the tracks.

Hazardous Conditions
When operating in hazardous conditions like snow, fog, sleet, mist, rain, dust or smoke, truck drivers must exercise extreme caution and drive to the nearest safe place until the condition clears.

Seat Belts
Truck drivers are required to wear seat belts.

Stopped Vehicles
Hazard warning lights must be on and warning devices place in the appropriate locations within 10 minutes if a commercial vehicle is stopped on any part of the highway.

Obscured Lamps or Reflectors
No lamps or reflectors should be covered by any part of the load, and all should be clean.

Prohibited Practices
Truck drivers are restricted from using radar detectors or open flames while in motion. Truck drivers cannot drive if they’ve been affected by carbon monoxide poisoning, and they cannot transport anyone apart from fellow employees, accident victims, or livestock attendants without employer permission.

Parts and Accessories Necessary for Safe Operation
No employer or employee of a commercial motor vehicle company is permitted to drive a vehicle or permit the operation of a vehicle unless it is fully in accordance with equipment and accessories safety standards. Lighting devices, reflectors, brakes, tires, wheels, emergency equipment, securement of cargo, blocking and bracing, front end-structures, frames, doors, and steering wheel systems fall under this provision.

Hours of Service of Drivers

Adverse Driving Conditions
If a truck driver is confronted by hazardous weather conditions, the driver can drive up to 2 hours longer than the regulations allow only if he normally could have completed the run in no longer than 10 hours of driving, and provided that dispatch was unaware of the conditions at time of dispatch. Truck drivers are prohibited from driving more than 12 hours after 8 consecutive hours off, or if the truck driver has been on duty for 15 hours following 8 consecutive hours off.

Maximum Driving Time
A truck driver is forbidden to drive more than 10 hours following 8 straight hours off duty or For any period after having been on duty 15 hours following 8 consecutive hours off duty.

On-Board Recording Devices
A truck driver must have records of duty status for the previous seven days at all times. Companies may use on board recording devices in place of logbooks, but the information must be easily retrievable and thorough.

Inspection, Repair & Maintenance

Unsafe Operations Forbidden
If a motor vehicle is in poor condition and likely to break down or cause an accident, a driver is forbidden to operate it.

Inspections of Motor Vehicles in Operation
If a vehicle has been placed out of service, a driver must not drive it until all of the needed repairs are made.

Driver Vehicle Inspections Report
All truck drivers of commercial motor vehicles must inspect their vehicle at the beginning and end of each day and report any defects.

Driver Inspection
When the truck driver inspects his motor vehicle he must carefully review the last driver’s inspection report.

Transportation of Hazardous Materials

Attendance and Surveillance of Motor Vehicles
If the driver of a commercial motor vehicle is hauling explosives, he cannot leave his vehicle unattended unless parked on authorized property.

Parking
Truck drivers carrying explosives cannot park on or within five feet of any roadway, on private property without permission, within 300 feet of a bridge, tunnel, house, or any place where people congregate.

Fires
When transporting hazardous materials, a truck driver must not park within 300 feet of a fire or drive anywhere near an open fire.

Smoking
No one is allowed to smoke within 25 feet of a motor vehicle containing explosives, oxidizing or flammable materials, or an empty trailer that has transported placarded flammable liquids in the past.

Fueling
The engine of a commercial motor vehicle must be turned off and someone must always be in attendance when the vehicle is being refueled.

Tires
All tires must be inspected at the beginning of a trip, and every two hours or 100 miles to protect against overheating, under inflation or defects.

To find out how the State and Federal regulations may help you win your case,
contact the The Law Offices of Jeffrey D. Slakter.

For more information, or to request a FREE truck accident case evaluation, email or call us at 866-960-5000. We are located in Texas, but co-counsel with truck accident attorneys throughout the US.